What is parole, and what are the requirements to apply for it?
Parole is a legal status granted to prisoners in the third stage of their sentence, allowing them to serve the remainder of their sentence in freedom under certain conditions. This measure aims to reintegrate the prisoner into society, promoting their rehabilitation and the restoration of family relationships, as well as regaining part of their freedom.
What are the types of parole and their requirements for application
In all cases, it is necessary to have fulfilled the civil liability arising from the crime, and the sentence must not result from the commission of a crime against sexual freedom and integrity.
General parole:
a) The prisoner must be classified in the third stage.
b) Three-quarters of the imposed sentence must have been served.
c) The prisoner must have demonstrated good behaviour.
Early parole:
a) The prisoner must be classified in the third stage.
b) Two-thirds of the sentence must have been served.
c) During the sentence, the prisoner must have actively participated in rehabilitation activities, such as labour, cultural, or occupational activities, either continuously or in a way that has led to a significant and favourable change in their personal circumstances related to their previous criminal activity.
d) The prisoner must have demonstrated good behaviour.
Parole for first-time offenders:
a) The prisoner must be classified in the third stage.
b) They must be serving their first prison sentence, which must not exceed three years.
c) Half of their sentence must have been served.
Parole for prisoners over 70 and terminally ill patients:
a) The prisoner must be classified in the third stage.
b) The prisoner must have reached the age of 70 or will reach it during the sentence, or suffer from a very serious illness with incurable conditions.
Parole for prisoners sentenced to life imprisonment with review:
a) The prisoner must have served 25 years of their sentence.
b) The prisoner must be classified in the third stage.
c) The court must establish the likelihood of successful social reintegration, considering, among other factors:
i) The offender’s personality.
ii) The offender’s background.
iii) The circumstances of the crime committed.
iv) The significance of the legal interests that may be affected by repeat offences.
v) The offender’s behaviour during the sentence.
vi) The offender’s family and social circumstances.
vii) The expected effects of suspending the sentence and the imposition of further measures.
In what cases can parole be denied?
a) If the offender has provided inaccurate or insufficient information about the whereabouts of goods or objects subject to forfeiture.
b) If the offender has not fulfilled the civil liability to which they were sentenced, according to their capacity.
c) If the offender provides inaccurate or insufficient information about their assets.
In cases where the remainder of the sentence is suspended by granting parole, the judge may modify the previous decision and impose new prohibitions, obligations, services, or lift any previously imposed.
Are there any specific considerations?
Yes, specific considerations will be made depending on the type of crime committed (for example, particularities exist for sexual offences, terrorism, crimes against public administration, etc.).
Are there other ways to “leave” prison?
Yes, there are various types of permits, some of which even allow daily release for work, volunteering, or other circumstances.
If you need further advice on how to apply for parole, please don’t hesitate to contact our experienced lawyers. You can reach us using the contact form on the website, by emailing info@pineradelolmo.com, via WhatsApp if you’re in Spain at 675 58 14 62, or from abroad at (+34) 675 58 14 62. You can also call 93 514 39 97, adding the prefix +34 93 514 39 97 if calling from abroad.
Disclaimer: This article is not specific legal advice and may not be updated with regulatory changes. For up-to-date legal advice relevant to your case, please contact our lawyers in Spain.